CHAPTER III : Intervention procedures

Local semi-public companies may intervene on behalf of persons who do not participate in their capital. For operations other than the provision of services, this intervention is subject to the condition that these persons first provide all the necessary financing, in the case of private persons, or guarantee all the necessary financing, in the case of public persons ; failing this, these interventions are subject to the prior agreement of…

When a local semi-public company is bound to a local authority, a group of local authorities or another public person by a development concession referred to in article L. 300-4 of the town planning code, the latter provides on pain of nullity:

In the event that a local authority, a group of local authorities or another public entity entrusts the study and implementation of a development project to a local semi-public company under a development concession provided for in Article L. 300-4 du Code de l’urbanisme, the concession agreement is drawn up in accordance with the provisions of articles L. 300-4 to L. 300-5-2 of the same code; however, when the contracting…

In the event that the company goes into compulsory liquidation, concessions awarded on the basis of article L. 300-4 of the town planning code or public service delegation contracts are automatically terminated and the assets contributed by the latter and included in the scope of the agreement or concession are returned to the territorial authority or grouping free of charge. On pain of nullity, the concession or public service delegation…

Local authorities and their groupings may grant semi-public companies engaged in the construction or management of housing subsidies or advances intended for housing programmes, and their annexes, the financing of which is subject to maximum rents or occupant resources, determined by the administrative authority. The property programmes of semi-public companies within the meaning of this article include the creation of social housing through the construction of new buildings, refurbishment or…

When a local semi-public company whose purpose is the construction or management of social housing is faced with difficulties due to a serious and lasting imbalance in the property programmes referred to in article L. 1523-5, the départements and communes may, alone or jointly, grant it exceptional subsidies for the implementation of recovery measures within the framework of an agreement signed with the latter which sets out the nature, amount…

Local authorities and their groupings may grant semi-public companies subsidies or advances intended for programmes of general interest linked to the economic promotion of the territory or the management of common services for companies. An agreement sets out the obligations contracted by the semi-public companies in return for this aid. The financial aid referred to in this article is not governed by the provisions of Title I of this book.